Legal Opinion
Whittle Development Inc. v. Branch Banking & Trust Co. (In Re Whittle Development Inc.)
United States Bankruptcy Court, N.D. Texas
Decided July 27, 2011No. 19-40047PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION ON DEFENDANTS’ MOTION TO DISMISS
HARLIN DEWAYNE HALE, Bankruptcy Judge.
This opinion deals with the issue of whether a debtor in possession can avoid a pre-petition real property foreclosure on the grounds that the foreclosure constituted a preferential transfer, even though the foreclosure sale complied with state law and was non-collusive.
On April 29, 2011, Defendants filed their Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (“Motion to Dismiss”), which seeks to dismiss Counts 1, 5, 6 and 7 of the Plaintiffs First Amended Complaint (the…
2Cases cited17 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
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3Cited by8 opinions
- Hackler v. Arianna Holdings Co. (In re Hackler)United States Bankruptcy Court, D. New Jersey · 2017
- Veltre v. Fifth Third Bank (In re Veltre)United States Bankruptcy Court, W.D. Pennsylvania · 2017
- Buckskin Realty Inc v. Windmont Homeowners Association, Inc.United States Bankruptcy Court, E.D. New York · 2021
- Nunez v. Wilmington Savings Fund SocietyUnited States Bankruptcy Court, S.D. Florida. · 2021
- Petito v. DEUTSCHE BANK NATIONAL TRUST COMPANYUnited States Bankruptcy Court, E.D. Pennsylvania · 2020
3 more not listed; retrieve them via the Exa API.